DUI Law in Norfolk, VA
What Is a DUI?
DUI, which refers to driving under the influence of alcohol or drugs, is a criminal offense that can lead to weighty consequences. Also known as DWI, the process of going to court to face either conviction or exoneration can change the course of your life forever.
Learn more about your DUI law defense options below, and then talk to a local attorney in Norfolk, Virginia who will help you in this delicate situation. You don’t have to stare down the consequences alone. You can take wise steps today to protect your interests.
Possible Consequences of a Norfolk, Virginia DUI Conviction
Where you live, the severity of the incident, and your criminal record determine the sentencing for a DUI. The punishments can drastically increase if you have had previous DUIs, so be mindful of that. If this is your first DUI, do not go at it alone and risk costly mistakes. Get a Norfolk law firm on your side to fight for you and your rights.
Paying Fines
If convicted of driving under the influence of alcohol or drugs in Norfolk, Virginia, you can count on fines being a part of your sentencing. The Virginia Department of Motor Vehicles states that the minimum fine for a first offense DUI is $250 for a first offense. However, depending on the circumstances surrounding your case, the judge could impose a maximum fine of $2,500.
However, other factors can drastically increase the amount you must pay, including:
- Any damage to property while driving under the influence
- If someone suffered injuries as a result of your intoxicated driving
- Cases that include child endangerment
- Any court costs associated with your case
Jail Time
Jail time is mandatory, even for first-time offenders in Norfolk. If this is your first DUI offense, you may only have to face a day or two in prison. But if you have previous convictions for DUIs, you can be sentenced to several months or years, depending on the nature of the crime. Know that some circumstances can add even more time in a cell, including injury to other people while driving under the influence.
Probation
If you do not face jail time, you will likely be on probation, with the sentencing judge determining the duration. You will pay monthly fees, and you cannot commit any more criminal offenses, including traffic violations. If you violate the terms of your probation, count on facing time behind bars.
Probation allows you the opportunity to improve your standing as a citizen of the community and learn from your mistakes without jail time being imposed. Virginia Statute affirms that anyone convicted of a 1st or 2nd offense DUI must attend alcohol and substance abuse classes, and pay a fee of no less than $250, but no more than $300. However, while your license is suspended you may petition the court for a temporary permit to drive in certain circumstances. For instance, if you must drive to get to and from your work.
Drug and Alcohol Education Program
Following a Norfolk DUI sentencing, the law states you must complete a drug and alcohol education program. This will teach you about the dangers of driving under the influence. These programs cost more fees besides the legal costs you already have to pay.
If you’ve been arrested for DUI in Norfolk you’ll be required to participate in state sponsored alcohol and substance abuse education classes. Under the auspices of a program called VASAP, Virginia Alcohol Safety Action Program, you’ll be required to take a 20-hour course depending on the circumstances of your case. This program also offers courses for habitual drug offenders, as well as provides courses for reckless or aggressive drivers.
The education programs also include a DUI evaluation. An evaluator asks you questions about how alcohol and drugs affect your life. If they believe that you are dependent, you may have to enter a substance abuse treatment program.
Suspension or Loss of License
No matter where you may face a DUI conviction, you have to undergo a license suspension period, at the very least. If it is your first DUI, you may have a license suspension for a few months while you go through probation and the drug and alcohol education program.
If this is not your first DUI, you may have your license suspended for much longer, or you could have it taken from you permanently.
What Should You Do When Charged With a DUI in Norfolk, Virginia?
If you’re facing a felony DUI charge, you must take the following steps to protect yourself:
Step 1: Contact an Attorney Familiar With Norfolk, VA DUI Law
Immediately following your DUI arrest, you need to contact an experienced Norfolk DUI attorney. Your attorney can help prepare for your arraignment and prepare a defense to vindicate yourself or reduce the sentencing.
Step 2: Learn About Your Local DUI Laws
Norfolk, Virginia has unique laws for DUI or DWI charges. Your lawyer will work with you to help you better understand your state’s laws on driving while intoxicated. It is critical to understand what charges you face and the potential outcomes of your case.
Step 3: Request a DMV Hearing
You or your attorney should request a hearing as soon as possible following your arrest. In Norfolk, Virginia you only have so much time to ask for a DMV hearing to keep your license until your court appearance. If you do not request a hearing, prepare for a license suspension.
Norfolk residents arrested for DUI will more than likely have their licenses confiscated upon arrest. A first offense carries a suspension of 7 days, but subsequent offenses can carry suspensions up to 60 days. You can appeal these suspensions by filing a Motion for Review of Suspension of Driver’s License at the Norfolk General District Court.
Step 4: Prepare for Court Appearance
You and your attorney will prepare for your appearance and arraignment in Norfolk. If you plead “not guilty,” your DUI defense attorney represents you in court, and a judge and jury oversee the DUI law case.
Step 5: Receive Sentencing or Exoneration
You will either be “not guilty” of the charges brought against you and walk free, or you will receive sentencing for a guilty verdict.
Work with an Experienced Local DUI Lawyer in Norfolk, Virginia
Should you ever find yourself charged with a DUI, you need to work with an experienced Norfolk, VA lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you today. We can even help you connect with legal help across Virginia state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
